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iii. abuse, decompile, reverse engineer, attempt to derive the source code,
or disassemble any Content or the Distribution Platform;
iv. interrupt or attempt to interrupt the proper operation or exploitation of
any Content or the Distribution Platform in any way whatsoever;
v. register any rights regarding any Content, the Distribution Platform, or
Distributor and its business.
vi. to violate applicable data protection laws.
Publisher will defend, indemnify, and hold Distributor harmless from and against any
and all liabilities, losses, damages, costs and expenses (including legal fees and
expenses) associated with any claim or action brought against Distributor or its
affiliates regarding a breach of above mentioned representations and warranties.
4.3 DISTRIBUTOR’S TOTAL AGGREGATE LIABILITY IN CONNECTION WITH AN
ATTRIBUTABLE FAILURE TO FULFIL ANY OBLIGATIONS UNDER THE AGREEMENT, A
WRONGFUL ACT AND/OR ANY OTHER LEGAL GROUNDS, FOR ANY KIND OF
DAMAGE INCLUDING CLAIMS OF THIRD PARTIES, INCLUDING DATA SUBJECTS, AND
REGULATORY AUTHORITIES, WILL BE LIMITED TO THE AMOUNT OF REVENUE
SHARE PAID OUT BY DISTRIBUTOR TO PUBLISHER IN THE PREVIOUS THREE (3)
MONTHS PRIOR TO THE DATE THE ALLEGED FAILURE TO FULFIL ANY OBLIGATIONS
UNDER THE AGREEMENT AND/OR THE WRONGFUL ACT FIRST AROSE, BUT IN NO
EVENT TO EXCEED €10,000 (TEN THOUSAND EURO).
5. INTELLECTUAL PROPERTY RIGHTS
5.1 All Intellectual Property Rights which already existed at the time of entering into
this Agreement remain the property of the Party to which they belonged at that time.
Parties shall only acquire rights from the other Party as are explicitly granted in this
Agreement.
6. DATA PROTECTION
6.1 KeyGames Network B.V., in relation to its platform www.gamedistribution.com,
acknowledges its role as a “Data Controller” as defined within the EU General Data
Protection Regulation “GDPR”, whenever and wherever the Distributor’s cookies are
utilized. The Distributor utilizes Data Subject consent as their legal basis for data
processing activities, and as such requires the Publishers who utilize the Distribution
Platform to do the same for gaining the appropriate user consent on their behalf.
6.2 The Distributor recognizes the Publisher’s role as a Data Controller, in all cases
where user personal data is derived from the Publisher’s cookies or from HTTP Get
requests within the Publisher’s HTML tags. The Distributor encourages all Publishers
to utilize consent for the processing of this data, but recognizes the Data Controller’s
right to opt for “Legitimate Interest,” as defined within the GDPR, as a lawful basis
for the processing of this data.
6.3 The Distributor requires that all Publishers utilizing Legitimate Interest as their
lawful basis for data processing indicate this to the Distributor in advance.
Notification must be provided in written form, or through the relevant Distribution
Platform interface. The Publisher acknowledges that appropriate consent strings will
be substituted for Legitimate Interest based data, on their behalf.